Startup India is a Government of India initiative launched by the Prime Minister of India, Shri. Narendra Modi and the purpose of this initiative is to generate employment and wealth creation.
The initiative aims at the development and innovation of products and services and increasing the employment rate in India. This initiative, since its inception, has launched various programs with the aim of providing support to entrepreneurs, creating a robust startup ecosystem, and reshaping India into a country of job creators and not just job seekers.
Under this initiative, the Government has started various schemes that are launched Ministry and Department wise. Support for International Patent Protection in Electronics & Information Technology (SIP-EIT) is rolled out by the Ministry of Electronics and Information Technology.
For businesses aiming to function globally, it is mandatory to apply for intellectual rights. Innovations are subject to a constant threat of being replicated or misused, and hence the government provides various initiatives for the intellectual protection of the innovations. SIP – EIT is a scheme rolled out to financially aid MSMEs and Technology Startup units for filing patents abroad. International patent filing encourages innovation and acknowledges the worth of global Intellectual Property (IP) along with tapping the growth opportunities in the Information Communication Technologies and Electronics (ICTE) sector.
- Support is provided financially for international patent filing in the ICTE sector to eligible entities.
- Reimbursement of expenses is limited to the lower cost of the following a. Rs. 15 lakhs per invention or b. 50% of the total expenditures incurred
Expenses incurred refer to official fees incurred for filing, examination, processing fees, expenses on search, attorney charges, and cost of translation. Further, the expenditures will only be reimbursed if they are incurred from the date of acceptance of the application till the patent is granted.
SIP-EIT Eligibility Criteria
The applicant should be an entity registered under any of the following:
- Registered under the MSME Development Act, 2006 of Government of India (GOI) as applicable. The applicant must be registered as an MSME unit as per the criteria of such registration. The proof of such registration must be furnished.
- Registered as a Company in accordance with the Companies Act, 2013. The applicant must fulfil the requirement of investments in plant and machinery or equipment as per the MSME Act, 2006 of GOI as applicable. The same will be verified based on the MSME registration proof and last audited balance sheet.
- Registered as a Software Technology Park (STP) unit. The applicant must fulfil the requirement of investments in plant and machinery or equipment as per the MSME Act, 2006 of GOI as applicable. The same will be verified based on the MSME registration proof and last audited balance sheet.
- Must be a technology incubation enterprise or a startup located in an incubation center/ park and registered as a company (a certificate from the incubation center/ park is mandatory in this case). The applicant must fulfill the requirement of investments in plant and machinery or equipment as per the MSME Act, 2006 of GOI as applicable. The same will be verified based on the MSME registration proof and last audited balance sheet.
Applications Which Qualify For Scrutiny
- An application where the applicant has already filed a patent application in India or applied for a waiver under Section 39 (Residents not to apply for patent application outside India without prior permission from specified authority) of the Indian Patent Act or with the Indian Patent Office (IPO).
- The innovation must be related to the ICTE sector; that is, it must relate to Information or Communication or Technology or Electronics.
- The innovation must have proof of approval from any reputed institution or IPR (Indian Patent Registration) Authority.
- Only one application for foreign filling in all countries will be taken into consideration for a certain invention.
Online Application Procedure
Step 1: To ensure that an applicant meets the eligibility criteria by going through the SIP-EIT brochure thoroughly.
Step 2: To apply online, a login ID must be created, and the same will be used for all future communications. The official web portal of the Ministry of Electronics and Information Technology on which the login ID is to be created is http://www.ict-ipr.in/sipeit/registration.
Step 3: Once the login ID is created, the applicant can apply online by filling the Online Application Form. The following documents must be submitted at the portal:
- Scanned copy of the proof of Registration as per the eligibility criteria mentioned above.
- Scanned Copy of Last Audited Balance Sheet and Profit and loss (in pdf format).
- Scanned copy of Official filing receipt with Indian Patent office, if the applicant has applied for Waiver under Section 39 of the international filing.
- If the international application is already filed then Proof of Patent Cooperation Treaty (PCT)/ Paris Convention or direct international filing.
- Scanned copy of documentary proof to substantiate if the applicant is an employee or Member of the Board of Directors.
- A technical write up of the present invention in the required format in pdf.
- Patent search report.
- Scanned copy (in pdf format) of the details for transfer of e-payments as per required format.
- Scanned copy (in pdf format) of Declaration form duly signed and sealed.
Step 4: The documents and declarations that are uploaded must be verified for final submission.
Step 5: Self-declaration must be made by the applicant in order to ensure the correct disclosure of information.
Financial Assistance Under SIP-EIT
The reimbursement of expenses will be in instalments and will be disbursed, as stated below:
- Applications that are filed directly in a foreign country post fulfilling the requirement of Section 39 of the Indian Patent Act: a. Reimbursement of 25% of the expenses that are incurred in the filing of the patent application in the respective foreign geography. b. 75% of the expenses incurred subsequent to the filing up to grant will be refunded post the grant of the patent.
- Applications filed within 12 months of filing a patent application in India (Convention Application) in a foreign country: a. Reimbursement of 25% of the expenses that are incurred in the filing of the patent application in the respective foreign geography. b. 75% of the expenses incurred subsequent to the filing up to grant will be refunded post the grant of the patent.
- Applications that are filed through the PCT route: a. 25% of the charges incurred in filing a PCT application will be reimbursed subject to the International Search Report (ISR) report. 25% of the charges that are included in the examination will be reimbursed if the report is positive. b. 25% of the charges incurred in filing the national phase application in a foreign country. c. 75% of the expenses incurred post to National filing up to grant will be refunded after the grant of the patent.
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